- 1 - HC-KAR NC: 2025:KHC:40206 CRL.P No. 13814 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13814 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MOHAMMED OWAIS @ OWAIS S/O SRI MOHAMMED SIDDIQUE AGED ABOUT 48 YEARS OCCUPATION: CAR DRIVER RESIDING AT No.10, 13TH B CROSS, UMAR NAGAR, GOVINDAPURA ARABIC COLLEGE POST BANGALORE – 560 045. …PETITIONER (BY SRI K. RAMA SINGH, ADVOCATE) AND: STATE BY GOVINDAPURA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE – 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL.SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CC.No.63837/2025 ARISING OUT OF CR.No.127/2025 REGISTERED BY GOVINDAPURA P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 49, 61(2)(a), 241 R/W Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40206 CRL.P No. 13814 of 2025 3(5) OF BNS, 2023, PENDING BEFORE THE 11TH ACMM, MAYO HALL, AT BANGALORE AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.4 under Section 483 of Bharatiya Nyaya Sanhita, 2023 (for short `BNS, 2023) seeking grant of bail in Crime No.127 of 2025 of Govindapura Police Station registered for the offences under Sections 103(1), 49, 61(2)(a), 241 read with Section 3(5) of BNS, 2023. 2. Heard the learned counsel for the petitioner, and the learned Additional State Public Prosecutor for respondent. 3. The learned counsel for petitioner would contend that the accusation against the petitioner/accused No.4 is that, he went along with accused Nos.2 and 3 in his autorikshaw to the spot of incident, where accused Nos.2 and 3 assaulted the deceased, and killed him. He further submits that, there is no overt-act alleged against the petitioner except his presence on the spot. The charge sheet is filed, and therefore, the petitioner - 3 - HC-KAR NC: 2025:KHC:40206 CRL.P No. 13814 of 2025 is not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent would contend that autorickshaw and mobile phone have been seized from the petitioner. The petitioner has used his autorikshaw, and took accused Nos.2 and 3 to the spot of the incident. The mobile phone of the petitioner has been used with the SIM of accused No.2 after the incident. Therefore, there is a prima facie case against the petitioner for the offences alleged against him. With this, she prayed to dismiss the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. The accusation in column No.17 of the charge sheet is that, the deceased, Irfan Khan, had developed an illicit intimacy with the wife of accused No.1, and the same has been informed by accused Nos.3 and 4. The deceased and accused Nos.1 to 4 are friends. As the deceased has betrayed the friendship, they intended to take revenge against him, and - 4 - HC-KAR NC: 2025:KHC:40206 CRL.P No. 13814 of 2025 therefore, they conspired. In the furtherance of conspiracy, this petitioner/accused No.4 took accused Nos.2 and 3 in his autorickshaw to the spot, where accused Nos.2 and 3 assaulted the deceased with a chopper on his head and face, and committed his murder. There is no over-tact alleged against the petitioner/accused No.4. The petitioner is stated to be present in the spot with his autorikshaw, and he had given his mobile phone to accused No.2, which has been used by accused No.2 with his SIM card. 7. Considering the above said aspects, as there is no overt-act against the petitioner, and the charge sheet is filed, he has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in Crime No. 127 or 25 of Govindapura Police Station pending in CC No. 63837/2025 on the file of 11th Additional CMM, Mayohall subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:40206 CRL.P No. 13814 of 2025 a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh) with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall appear before the Trial Court on all dates hearing unless exempted and co-operating for speedy disposal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 2